A. Applicability. The following procedures shall apply to any subdivision related plan,
including Construction Plans, or Application that is required by the City and is submitted in accordance with this UDC.
B. Determination of Completeness for Subdivision-Related Applications.
Every required Application shall be subject to a determination of completeness by the Responsible Official for processing the Application.
1. Acceptance Standards. The Application shall only be accepted by the Responsible Official for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this UDC. A typographical error shall not, by itself, constitute an incomplete Application.
2. Acceptance Procedures. A determination of completeness of an Application shall be conducted in accordance with the following procedures:
a. A determination of completeness shall be made by the Responsible Official not later than the tenth (10th) business day, unless otherwise specified, after the Official Vesting Date.
b. If the submitted Application is incomplete, then the Applicant shall be notified in writing not later than the tenth (10th) business day after the Official Vesting Date.
i. Such notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail transmission, before the tenth (10th) business day following submission of the Application.
ii. The notification shall specify the documents or other information needed to complete the Application, and shall state the date the Application will expire (see E below) if the documents or other information are not provided to the City.
c. An Application shall be deemed complete on the eleventh (11th) business day after the Application has been received if notice is not served in accordance with b above.
d. If the Application is determined to be complete, the Application shall be processed as prescribed by this UDC.
3. Acceptance shall not Constitute Compliance. A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this UDC.
4. Acceptance shall not Guarantee Approval. There is no implied intent or guarantee that an accepted and completed Application will be approved, if after the Application is deemed complete, it is determined that the Application does not comply with this UDC.
5. Effect on Prescribed Statutory Processing Deadlines.
a. Standard Development Review: For the purposes of the processing timelines described in TLGC Chapter 212, such processing timelines for 30-day approval, conditional approval or disapproval of subdivision-related plats and plans and 15-day plan resubmission review timelines for subdivision-related plans shall begin on the date the application is deemed complete and all prerequisite applications and processes have been approved. The date the application is deemed complete shall be considered the "filed" date for the purpose of TLGC Chapter 212. Plats and Plans submitted under the standard development review submittal scheduled shall be acted upon by the Planning and Zoning Commission.
b. Alternative Development Review: Plats or plans submitted under the alternative development review submittal schedule may be approved as outlined in Table 32, Summary of Plat Types. Each application of a plat and/or plans must submit the form or letter which elects the alternative plat and plan approval process in accordance with TLGC 212.0096.
C. Re-Submittal after Notification of Incompleteness.
1. If the Application is re-submitted after a notification of incompleteness, the Applications shall be processed upon receipt of the re-submittal.
2. The statutory 30-day time frame for Plat approvals shall begin on the date the resubmitted application is deemed complete and all prerequisite applications and processes have been approved, based upon any submission date calendar adopted to establish the Official Submission Dates.
3. To the extent that the information or documents submitted is not sufficient to enable the Decision-Maker to apply the criteria for approval, the Application may be denied on such grounds.
D. Expiration of a Subdivision Related Application - Before Approval Decision. Pursuant to Texas Local Government Code Chapter 245, a subdivision related Application shall automatically expire (ending all vesting claims) at the close of business on the forty-fifth (45th) calendar day after the Application's Official Vesting Date, if:
1. The Applicant fails to provide documents or other information necessary to comply with the City's technical requirements relating to the form and content of the permit Application;
2. The City provides to the Applicant, not later than the tenth (10th) business day after the date the Application is filed, written notice that specifies the necessary documents or other information, and the date the Application will expire if the documents or other information is not provided; and
3. The Applicant fails to provide the specified documents or other information necessary to comply with the City's requirements relating to the Application within the time provided in the notification.
E. Vesting Begins on the Official Vesting Date. An Application shall be vested into the standards of the UDC in effect at the time of the Application's Official Vesting Date.